China Aluminum Extrusions: Curtain Walls w/ Non-Chinese Extrusions Outside of Scope of AD/CV Orders
Curtain wall units made in China using non-Chinese aluminum extrusions as components are outside the scope of the antidumping and countervailing duty orders on aluminum extrusions from China (A-570-967 / C-570-968), said the International Trade Administration in a final scope ruling. Although a November 2012 scope ruling found curtain wall units to fall within the AD/CV duty orders, the orders do not apply to third-country aluminum extrusions, the ITA said.
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Tesla Wall Systems and MBM Supply Company requested the scope ruling on curtain wall units it makes in China from aluminum extrusions produced in Thailand. The companies asked the ITA to cover all third-country aluminum extrusions in its scope ruling.
The domestic petitioners did not dispute that the curtain wall units made from Thai aluminum extrusions were outside of the scope of the AD/CV duty orders. They did, however, request that the ITA require certifications due at entry that the curtain walls don’t contain Chinese aluminum extrusions., citing “the strong incentive to circumvent the orders.”
"The Scope of an order is limited to merchandise that originates in the country covered by the order,” responded the ITA. Finding it unnecessary to examine the more detailed 351.225(k)(2) factors, the agency said the curtain wall systems from Tesla Wall Systems and MBM Supply were outside of the scope of the AD/CV duty orders on aluminum extrusions from China, as are any curtain wall systems produced from non-Chinese aluminum extrusions. The ITA declined to require import certifications, saying allegations of falsification of entry documentation are CBP’s concern.
Email ITTNews@warren-news.com for a copy of this scope inquiry.